Name of law
Law amending the Law on export control of weapons and goods and dual-use technologies




Name Bill
Bill amending the Law on export control of weapons and goods and dual-use technologies





Date of adoption
03/02/2010



Number / year Official Gazette
13/2010








DECREE № 24 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on export control of weapons and goods and dual-use technologies adopted by the National HLI meeting of February 3, 2010
Released in Sofia on February 11, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova




Law amending the Law on export control of weapons and goods and dual-use technologies (prom. SG. 11 of 2007 .; amend. Pcs. 109 2007 SG. 36 of 2008 and SG. 82 of 2009)
§ 1. In art. 1, para. 1 p. 2 is amended as follows:
"2. control of exports, transfer, brokering and transit of goods and dual-use technologies, hereinafter referred to as "dual-use" under Regulation (EC) № 428/2009 of 5 May 2009 on the introduction mode Community control of exports, transfer, brokering and transit of goods and dual-use technologies (OJ, L 134/1 of 29 May 2009), hereinafter "Regulation (EC) № 428/2009"; " .
§ 2. In art. 2 made the following amendments:
1. In para. 2 after the word "export" insert "brokering and transit" and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
2. A par. 3:
"(3) Dual-use - subject of transfer controls are set out in Annex IV of Regulation (EC) № 428/2009."
§ 3. The title of Chapter III is amended as follows: "Modalities for the implementation of control on export, transfer, transit and import of dual-use items and brokerage them."
§ 4. In Chapter third title of Section I is amended as follows: "Scope of control of exports, transfer, brokering and transit services with dual use."
§ 5. In art. 39 after the word "export" a comma and added "transfer, transit and brokering services with dual use" and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
§ 6. In art. 40 made the following amendments:
1. In para. 1:
a) t. 1, 'Regulation 1334/2000' is replaced by 'Regulation (EC) № 428/2009 ";
B) in item. 2 the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009";

C) in item. 3 the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
2. Paragraph 2 is amended as follows:
"(2) authorized the transfer of dual-use items required for dual-use items:
1. set out in Annex IV of Regulation (EC) № 428/2009, the territory of the Republic of Bulgaria to the territory of another Member State;
2. not specified in Annex IV of Regulation (EC) № 428/2009, at the time of transfer the conditions of Art. 22, paragraph 2 of the regulation. "
Third. Created al. 3 and 4:
"(3) An authorization for transit of dual-use items specified in Annex I of Regulation (EC) № 428/2009, required when the items are or may be intended for the uses specified in Art. 4, paragraph 1 of the regulation.
(4) Permit on the brokering of dual-use items required for dual-use items:
1. defined in Annex I of Regulation (EC) № 428/2009, when the items are or may be intended for the uses specified in Art. 4, paragraph 1 of the regulation;
2. not included in Annex I of Regulation (EC) № 428/2009, when the items are or may be intended for the uses specified in Art. 4, paragraph 2 of the regulation. "
§ 7. In art. 41 words "of Regulation 1334/2000" is replaced by "paragraph 2 of Regulation (EC) № 428/2009".
§ 8. In art. 42 made the following amendments:
1. In para. 1, 'Regulation 1334/2000' is replaced by 'Regulation (EC) № 428/2009 ".
2. In para. 2:
a) point 1 is amended as follows:
"1. issue permits for export and transfer of dual-use items within the Community of the Republic of Bulgaria and brokering with them; "
b) pt. 5, the words" Regulation 1334/2000 "is replaced by" Regulation (EC ) № 428/2009 ";
C) section 6 is repealed. 3
. A par. 3:
"(3) Officials authorized by the Minister of Economy, Energy and Tourism, create and maintain a public register of persons registered for export, transfer and brokerage products and dual-use technologies."
§ 9. In art. 43 is amended as follows:
1. In para. 1 and 2 "Interdepartmental Commission" be replaced by "the Ministry of Economy, Energy and Tourism."
2. In para. 3 words "Interdepartmental Commission" are deleted. 3
. Paragraphs 4 and 5 are amended as follows:
"(4) The Minister of Economy, Energy and Tourism within 10 days from the date of receipt of applications shall issue a certificate of registration in a form approved by the implementing regulation of the law.
(5) The Minister of Economy, Energy and Tourism with an order refusing to issue a certificate of registration when the application and attached documents do not comply with the requirements of para. 2. "

4. In para. 6 words "Art. 42, para. 2, pt. 6 "is replaced by" Art. 42, para. 3 "and the words" Interdepartmental Commission "be replaced by" the Ministry of Economy, Energy and Tourism. "
5. In para. 7 the words "para. 1 "is replaced with" para. 6 '.
6. Paragraph 8 is amended as follows:
"(8) The Minister of Economy, Energy and Tourism within 10 days of receiving the application with attached documents shall issue a current certificate of registration and the change is entered in the register."
§ 10 . In art. 44 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The export license may be an individual export authorization general authorization Community export global export authorization and national general export authorization as defined in Regulation (EC) № 428 / 2009. "
2. In para. 2 everywhere the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009", and the words "Art. 6 "is replaced by" Art. 2, paragraph 9 ". 3
. Paragraph 3 is amended as follows:
"(3) An individual export authorization, global export authorization and national general export authorization issued by the Interdepartmental Commission."
4. In para. 4 the words "Annex I of Regulation 1334/2000" is replaced by "Annex I of Regulation (EC) № 428/2009", and the words "and transfer to the Community of dual-use items from Annex IV of Regulation 1334/2000 "are deleted.
5. In para. 5, the words "Annex I of Regulation 1334/2000" is replaced by "Annex I of Regulation (EC) № 428/2009", the words "Annex II of Regulation 1334/2000" is replaced by "Annex II of Regulation (EC) № 428/2009 "and the words" and transfer to the Community of dual-use items listed in part 1 of Annex IV of Regulation 1334/2000 "are deleted.
6. Paragraph 6 is amended as follows:
"(6) The national general export authorization of dual-use items within the meaning of Regulation (EC) № 428/2009 exporters of art. 43 is published on the website of the Ministry of Economy, Energy and Tourism. "
7. In para. 7 the words "issue of" are replaced by "publishing national" and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
§ 11. In art. 45, para. 1 after the word "permission" insert "under Art. 44, para. 4 and 5 '.
§ 12. In art. 46 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The persons under Art. 2, paragraph 6 of Regulation (EC) № 428/2009 can perform brokerage with dual-use items from Annex I of Regulation (EC) № 428/2009 after registration under this Act. "
2. In para. 2 words "Interdepartmental Council" are replaced by "the Ministry of Economy, Energy and Tourism." 3
. In para. 3, 'the Interagency Council "are replaced by" the Ministry of Economy, Energy and Tourism "and finally put a comma and added" item. 1, 2, 5, 6, 7, 8, 10, 11 and 12 '.

4. In para. 4 the words "of the Interagency Council" are replaced by "the Ministry of Economy, Energy and Tourism."
5. In para. 5 'Interdepartmental Council shall establish and maintain "are replaced by" Officials authorized by the Minister of Economy, Energy and Tourism, created and maintained. "
§ 13. In art. 47 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Minister of Economy, Energy and Tourism shall issue a certificate of registration within 10 days from the date of receipt of applications."
2. In para. 2 first sentence is amended as follows: "In omissions and / or irregularities in the documents within 7 working days of receipt of the documents the applicant shall be notified in writing with instructions for their removal."
§ 14. Article 48 amended as follows:
"Art. 48. The Minister of Economy, Energy and Tourism or authorized by officials within 5 working days from the date of registration shall notify the Ministry of Interior, State Agency "National Security" and the Interministerial Commission on the registrations done. "
§ 15. In art. 49 is amended as follows:
1. In para. 1, 'the Interagency Council "are replaced by" the Ministry of Economy, Energy and Tourism. "
2. Paragraph 4 is amended as follows:
"(4) The Minister of Economy, Energy and Tourism or authorized by officials within 10 days of receiving the application with attached documents shall issue a current certificate of registration and the change is entered in the Register. "
§ 16. Article 50 is amended as follows:
" Art. 50. The Minister of Economy, Energy and Tourism with an order refusing to issue a certificate of registration when e present any of the documents under Art. 46, para. 3. "
§ 17. In art. 51 text before item. 1 is amended as follows: "The registration is deleted by the Minister of Economy, Energy and Tourism".
§ 18. In art. 52 is amended as follows:
1. The text before item. 1 is amended as follows: "The registration is terminated by the Minister of Economy, Energy and Tourism".
2. Point 2 is repealed.
§ 19. In art. 53 para. 1 is amended as follows:
"(1) The orders under Art. 50, 51 and 52 may be appealed under the Administrative Code. "
§ 20. In Chapter Three, Section III creates art. 53a:
"Art. 53a. (1) An authorization for brokering with dual-use items when the items are or may be intended for the uses of art. 4, paragraphs 1 and 2 of Regulation (EC) № 428/2009, issued by the Interdepartmental Commission of persons registered by the Minister of Economy, Energy and Tourism, in an order determined by the implementing regulation of the law.

(2) authorization for brokerage services products under par. 1 broker submit to the Interdepartmental Commission a sample application specified under terms of law enforcement, accompanied by the following documents:
1. location of dual-use items in third countries;
2. description of the items and quantities; 3
. third parties involved in the transaction;
4. third country of destination of products;
5. end user of the products in the State of pt. 4 and its exact location;
6. declaration for the correctness of the data.
(3) The requirements for the type and content of the documents under par. 2 shall be determined by the implementing regulation of the law.
(4) The Interdepartmental Commission shall decide on applications within 30 days from the date of receipt.
(5) The decision is communicated to the applicant within 7 days from the date of its adoption.
(6) The issued permit is valid for one year and can be extended once for a period of six months.
(7) If necessary, the Interdepartmental Commission may require the opinion of other state bodies as well as to attract experts to give opinions on matters requiring specialized knowledge. "
§ 21. In Chapter Three is section IIIa created with art. 53b and 53c:
"Section IIIa
Transit of dual-use
Art. 53b. The customs authorities may prevent or stop the transit of dual-use items specified in Annex I of Regulation (EC) № 428/2009, which are or may be intended for the uses specified in Art. 4, paragraph 1 of the regulation.
Art. 53c. (1) The customs authorities within 24 hours notify in writing the Interdepartmental Commission to prevent or suspension of transit.
(2) In the case of non-admission or suspended transit when there are conditions under Art. 4, paragraph 1 of Regulation (EC) № 428/2009, requires an authorization for transit of dual-use items.
(3) Permission for the transit of dual-use items shall be issued by the Interministerial Commission for each case in an order determined by the implementing regulation of the law. Issued permit is valid for one year and can be extended once for a period of six months. "
§ 22. In art. 54 is amended as follows:
1. In para. 1, 'Interministerial Commission "be replaced by" the Ministry of Economy, Energy and Tourism. "
2. In para. 2 words "Interdepartmental Commission" be replaced by "the Ministry of Economy, Energy and Tourism." 3
. Paragraph 3 is amended as follows:

"(3) The Minister of Economy, Energy and Tourism within 10 days from the date of receipt of applications shall issue a certificate of registration in a form determined by the regulations for implementing the law."
4. In para. 4 words "Interdepartmental Commission" are deleted.
5. Paragraph 5 shall be amended as follows:
"(5) The Minister of Economy, Energy and Tourism refuse to issue a certificate of registration when the application and attached documents do not comply with the requirements of para. 2. "
6. In para. 6 words "Art. 42, para. 2, pt. 6 "is replaced by" Art. 42, para. 3 "and the words" Interdepartmental Commission "be replaced by" the Ministry of Economy, Energy and Tourism. "
7. Paragraph 8 is amended as follows:
"(8) The Minister of Economy, Energy and Tourism within 10 days of receiving the application with attached documents shall issue a current certificate of registration and the change is entered in the register."
§ 23 . In art. 55 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The authorization for transfer of dual-use items from the territory of the Republic of Bulgaria to the territory of another Member State may be individually authorized for transfer, global transfer license or approval to transfer. "
2. Create a new paragraph. 2, 3, 4 and 5:
"(2) The permits under par. 1 issued by the Interdepartmental Commission.
(3) Individual transfer license be issued for the transfer to the Community of dual-use items specified in Annex IV of Regulation (EC) № 428/2009, for a specific country through a delivery or partial deliveries on the basis of contract relations between the sender and the foreign contractor. Issued permit is valid for one year and can be extended once for a period of six months.
(4) A global transfer license shall be issued for transfer to the Community of a type or category of dual-use items set out in Part 1 of Annex IV of Regulation (EC) № 428/2009. Issued permit is valid for two years and may be extended once for a period of one year.
(5) General transfer license is published by the Interdepartmental Commission for persons under Art. 54, para. 1 transfer into the Community of dual-use items set out in Part 1 of Annex IV of Regulation (EC) № 428/2009. "
Third. Former para. 2 becomes para. 6.
4. Former para. 3 becomes para. 7 and the words "para. 2 "is replaced with" para. 6 '.
5. Former para. 4 becomes para. 8 and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
6. Former para. 5 becomes para. 9, and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".

7. Former para. 6 becomes para. 10 and the words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009", and the words "Art. 21, paragraph 2 (a) "are replaced by" Art. 22, paragraph 2 ".
8. Former para. 7 becomes para. 11 and over in her words "Regulation 1334/2000" is replaced by "Regulation (EC) № 428/2009".
§ 24. Article 56 is amended as follows:
"Art. 56. (1) The import of dual-use items in the Republic of Bulgaria from third countries designated by decree of the Council of Ministers, subject to registration.
(2) Imports of dual-use items under par. 1 can perform natural and legal persons after registration of imports from the Minister of Economy, Energy and Tourism or authorized by officials in an order determined by the implementing regulation of the law. "
§ 25. In art. 57 is amended as follows:
1. Paragraph 1 shall be repealed.
2. In para. 2 words "listed in Annex IV of Regulation 1334/2000 or determined by the Council of Ministers under par. 1 "are deleted.
§ 26. In art. 66 be made the following amendments:
1. In para. 1, p. 1, 'Art. 8 of Regulation (EC) № 1334/2000 "is replaced by" Art. 12 of Regulation (EC) № 428/2009 ".
2. A new paragraph. 3:
"(3) An application in which it was decided to refuse the cases under par. 1, p. 1-5 can be considered before the deadline under par. 2 at the request of the applicant in case of failure of the circumstances under par. 1 pt. 1 - 5. "
third. Former para. 3 becomes para. 4.
4. Former para. 4 becomes para. 5 and the words "para. 3 "are replaced with" para. 4 ".
§ 27. In art. 67, para. 1 p. 5 is amended as follows:
"5. there is a cancellation or termination of registration for export, transfer and brokering of dual-use items. "
§ 28. In art. 68, para. 4 pt. 1, 'Regulation 1334/2000' is replaced by 'Regulation (EC) № 428/2009 ".
§ 29. In art. 69 pt. 8 after the word "permission" insert "or an import certificate."
§ 30. In art. 71 make the following additions:
1. In para. 1 after the words "Minister of Economy, Energy and Tourism" insert "Interior Minister".
2. In para. 2 after the word "permit" a comma and added "import certificate". 3
. In para. 3 pt. 4, after the words "weapons and" insert "/ or".
§ 31. In art. 72 is amended as follows:
1. In para. 1 in the text before item. 1, 'Regulation 1334/2000' is replaced by 'Regulation (EC) № 428/2009 ".
2. In para. 2 words "Art. 12, paragraph 4 of Regulation 1334/2000 "is replaced by" Art. 16, paragraph 4 of Regulation (EC) № 428/2009 ".
§ 32. In art. 75 para. 1 everywhere the words "authorized" insert "or certificate".
§ 33. In art. 77 in the text before item. 1 after the word "transfer" insert "transit" and the words "or authorization" be replaced by "permit or an import certificate."
§ 34. In art. 78 in the text before item. 1 after the words "authorization or" insert "an import certificate."

§ 35. In § 2 of the additional provisions be made the following amendments:
1. In item. 1 the words "Art. 2 (b) of Regulation 1334/2000 "is replaced by" Art. 2, paragraph 2 of Regulation (EC) № 428/2009 ".
2. In item. 2, 'art. 2 (c) of Regulation 1334/2000 "is replaced by" Art. 2, paragraph 3 of the Regulation (EC) № 428/2009 ". 3
. In item. 3 words "Art. 2 (d) of Regulation 1334/2000 "is replaced by" Art. 2, paragraph 4 of Regulation (EC) № 428/2009 ".
4. In pt. 4 the word "goods" is replaced by "devices".
5. Point 5 is amended as follows:
"5. "Non-Community dual-use" is a concept within the meaning of Art. 2 paragraph 13 of Regulation (EC) № 428/2009. "
6. In pt. 6 last word "Community" is replaced by "the European Union, according to Art. 2 paragraph 12 of Regulation (EC) № 428/2009 ".
7. Create new items. 8, 9 and 10:
"8. "Transit" is a concept within the meaning of Art. 2, paragraph 7 of Regulation (EC) № 428/2009.
9. "Broker" is a concept within the meaning of Art. 2, paragraph 6 of Regulation (EC) № 428/2009.
10. "Brokerage" is a concept within the meaning of Art. 2, paragraph 5 of Regulation (EC) № 428/2009. "
8. Previous item. 8 becomes item. 11 and amended as follows:
"11. "Brokerage" is an activity that includes negotiating or making a commercial transaction with arms or dual-use items and the sale or transfer of arms or dual-use items from the territory of a third country to another third country. "
9. Previous item. 9 becomes so. 12 and amended as follows:
"12. "Dual use" is a concept within the meaning of Art. 2, paragraph 1 of Regulation (EC) № 428/2009. "
10. Previous item. 10 becomes so. 13.
11. Previous item. 11 becomes so. 14 and the words "Art. 1 (a), (b) "are replaced with" Art. 1 (a), (b) ".
12. Previous item. 12 becomes pt. 15 and the words "paragraph 2 (a), (b), (c) of Regulation 1334/2000" is replaced by "paragraph 2 (a), (b), (c) Regulation (EC) № 428/2009 ".
13. Former pt. 13 and 14 become items. 16 and 17.
14. Previous item. 15 becomes item. 18 and the words "Art. 1 (c) "are replaced by" Art. 1 (c) ".
15. Previous items. 16, 17, 18 and 19 become items. 19, 20, 21 and 22.
law was adopted by the 41 th National Assembly on February 3, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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